The Perkiomen Valley School District Can Resume Optional Masking Following Judge's Ruling

PERKIOMEN VALLEY, PA — A federal judge presiding over litigation concerning Perkiomen Valley School District's decision to pull its mandatory mask mandate has now lifted a preliminary injunction in the case, which allows the district to resume its optional masking policy.

U.S. District Judge Wendy Bettlestone on Monday ordered that the preliminary injunction that she had earlier issued be dissolved given a change in guidance on masking protocols that was earlier issued by federal health officials.

Bettlestone wrote in a memorandum that the U.S. Centers for Disease Control and Prevention no longer recommends universal masking in Montgomery County because the COVID-19 community levels in the county are no longer in the "high" category, and that because of the change in transmission rates the plaintiffs in the lawsuit "no longer face a substantial risk of serious illness and/or death should they attend school in-person under an optional masking policy, nor is there a reasonable probability that Plaintiffs would be denied meaningful access to the benefits of their education without injunctive relief."

The plaintiffs in the case are a class of students who say they have health issues or special needs that would either put them in danger contracting COVID-19 if there was optional masking or would deny them of their rights to an in-person education if they felt they were essentially forced to stay home in order to avoid catching the virus.

When the filed suit in federal court, Perkiomen Valley School District was one of only two districts across the entire county who were moving to eliminate mandatory masking.

Since that time, however, there have been many school districts who ended universal masking due to the changing circumstances with regard to COVID-19 in recent weeks.

In her judicial memorandum, Beetlestone wrote that the plaintiffs can now no longer show a likelihood of success on the merits of their case, which alleged violations of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

While the judge dissolved the injunction she had issued on Feb. 7, she did so without prejudice, which enables the plaintiffs the ability to file a renewed motion for injunctive relief should the circumstances with regard to COVID-19 change in the future so that optional masking at the district would no longer be consistent with CDC guidance and Montgomery County coronavirus transmission levels.